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Tag Archives: Arbitration

Domestic Relations – Arbitration – Equitable Distribution – Passive Increase in Value – Life Insurance – Retirement Accounts – Mortgage Reduction (access required)

Kiell v. Kiell The record shows that the increase in the value of two life insurance policies was approximately twice the amount of the premiums paid during the post-separation period. Policy statements from the insurer clarify that approximately half the increase in the policies’ values during this period was from interest and dividends. The arbitrator erred in finding that there was no passive post-separation appreciation in the value of the life insurance policies.

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Arbitration – Litigation Activity – No Prejudice – Litigation Expenses & Strategy – Employee Benefit Plans (access required)

Wheeling Hospital Inc. v. The Health Plan of the Upper Ohio Valley Inc. In this dispute between two hospitals and a health system plan over payments under employee benefit plans, the district court erred in saying the Health Plan’s litigation activity meant it “defaulted” on its right to arbitrate the dispute; the 4th Circuit says there’s no per se prejudice from a dispositive motion, and the hospital plaintiffs did not otherwise show prejudice from delay, their litigation expenses and any revelation of their “litigation strategy.”

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Contract – Arbitration – Securities Broker – ‘Associated Person’ – Financial Advisor – Ponzi Schemes (access required)

Waterford Investment Services Inc. v. Bosco Although a financial advisor who allegedly operated Ponzi schemes had changed brokers before plaintiff investors filed their FINRA arbitration claim, the current broker must arbitrate the claim because the advisor was an “associated person,” the 4th Circuit says.

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Arbitration – Debt Reduction Contract – Attorneys – Non-Signatories (access required)

Stewart v. Legal Helpers Debt Resolution, LLC Where defendants who did not sign the contract between plaintiff and defendant Legal Helpers Debt Resolution, LLC (LHDR) are either agents of LHDR or third-party beneficiaries of the contract, these non-signatory defendants are entitled to seek enforcement of the contract’s arbitration provision.

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Arbitration – Construction Contract – Enforceability – Certification to W.Va. Supreme Court (access required)

Dan Ryan Builders Inc. v. Nelson In this contract dispute with a builder, a new-home buyer says the contract’s arbitration clause is not enforceable because it allows the builder to sue for certain kinds of disputes, but the buyer is forced to arbitrate all disputes; the 4th Circuit certifies to the West Virginia high court a question about the enforceability of the arbitration clause in this case.

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Real Property – Mortgages – Foreclosure – Civil Practice – Subject Matter Jurisdiction – Arbitration – Mootness (access required)

In re Foreclosure of Cornblum In a power of sale proceeding initiated under G.S. § 45-21.16, the clerk of court, and the superior court on appeal from the clerk’s decision, lack subject matter jurisdiction to consider and rule on a party’s motion to compel arbitration. In re Foreclosure of Pugh (March 6, 2012; Lawyers Weekly No. 12-07-0257)

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Admiralty – Personal Injury – Arbitration (access required)

Aggarao v. MOL Ship Mgmt. Co. Ltd. A Filipino seaman who suffered devastating injuries while working aboard the Asian Spirit vessel in the Chesapeake Bay near Baltimore must arbitrate his claims against the vessel owner and additional defendants; the 4th Circuit affirms the arbitration decision but vacates the dismissal of the case and remands for reinstatement and consideration of the injunction request and entry of a stay pending arbitration.

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Arbitration – Real Property – Mortgages – Foreclosure – Power of Sale (access required)

In re Foreclosure by Carter Even though the parties’ note and deed of trust included arbitration provisions, when the substitute trustee commenced foreclosure proceedings under the deed of trust’s power of sale, both the clerk of court’s and the superior court’s scope of review was limited to issues related to the six findings required by G.S. § 45-21.16. Respondents’ argument concerning their right to arbitration was not pertinent to the six required findings; consequently, the superior court properly refused to rule on respondents’ motion to stay the foreclosure proceedings and compel arbitration.

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Attorneys – Fees – S.C. Statute – Frivolous Lawsuits – Arbitration – Securities – Labor & Employment (access required)

Wachovia Securities LLC v. Brand A securities firm that lost its FINRA arbitration proceeding against former employees who left to work for a competitor winds up paying over $1 million in attorney’s fees under a South Carolina statute that penalizes frivolous lawsuits; the 4th Circuit affirms the district court order refusing to vacate the arbitration award in favor of the former employees and upholding the award of $15,080 in treble damages and $1.1 million in attorney’s fees under the South Carolina Frivolous Civil Proceedings Act.

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